Professional insights
Professional perspectives on investment, business operations and disputes in Thailand.
41 articles · Page 3 of 4
A signature before marriage alone is not enough to determine whether the arrangement will take effect as intended. The terms, execution formalities and steps at marriage registration need to work together. Different nationalities, registration abroad or assets in several countries also require separate consideration of the relevant laws and intended use of the documents.
No. Visas and residence permissions concern entry and stay, while work permits and related procedures concern the proposed work in Thailand. A tourist or long-stay visa, or appointment as a company director, does not alone establish that work-related procedures are complete. Review personal status and actual working arrangements together.
Common calculation items include registration fees, income tax withholding, specific business tax and stamp duty, each with a different basis and conditions. They should not simply be added together: where specific business tax applies, for example, the corresponding receipt's stamp-duty exemption must also be checked. Calculate each item against the parties' status, acquisition method, holding circumstances and transaction date.
Confirm that the property forms part of a legally registered condominium, then check the seller's authority, unit details and the foreign buyer's eligibility. Foreign ownership must be checked by unit floor area, not simply by the number of units sold. Obtain the project's quota information before signing to establish whether the proposed unit can be transferred.
First distinguish the proposed buyer, the rights to be acquired, the intended land use and any applicable legal basis. Foreign individuals, Thai companies and businesses under special investment arrangements should not be covered by one general conclusion.
BOI investment promotion requires a project application and assessment; company registration or a business name alone is insufficient. First clarify the actual activities, investment, technology or production processes, location, financing and staffing plan, then check the applicable promotion category.
An unsuccessful probation assessment does not remove termination procedures. Employers should deal with the performance assessment and the ending of employment separately. The start date, contract and payroll cycle help determine notice, final pay and other amounts due. Assessment records explain the factual basis for the decision.
An employment contract should also address the workplace, responsibilities, working arrangements, remuneration components, leave, confidentiality and termination. Written terms should reflect actual employment practices and align with company rules and applicable labour requirements.
Before signing, check the signing conditions in the company's registration records, including who must sign, whether joint signatures are required and whether a company seal is needed. Being a director, holding an operational position and having authority to sign a particular document for the company are distinct matters.
No. Product classification affects premises requirements, product licensing or notification, food identification numbers and labelling. Classification should begin with ingredients, intended use, processing and packaging. A Chinese product name or a marketing description such as 'health food' is not enough to determine the procedure.
A non-compete restriction needs to be assessed against the business interests it protects, the information available to the employee, the activities restricted, its geographical scope and its duration. Broad contractual wording does not mean that every part of it will be enforceable. Employers should first identify whether they seek to protect customer relationships, technical information or other business interests, then design the terms accordingly.
A will can express wishes for the distribution of property, but a document setting out those wishes does not, by itself, establish that inheritance can be completed directly. Review the applicable law, the testator’s capacity, the form and content of the will, and any later amendment or revocation.
